Richard Reibstein Esq.

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As a leading practitioner of enhancing independent contractor compliance and defending against misclassification claims, Richard represents large and small companies in administrative and judicial matters across the country, in addition to his labor/employment and noncompete/trade secrets practices.

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September 2013

In the Courts

  • Oregon Court of Appeals concludes that some musicians performing with the Portland Columbia Symphony were independent contractors under the state’s unemployment law. In applying the state statute, the Court disagreed with the Administrative Law Judge’s decision that all of the musicians were employees. Although all

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In May 2013, both houses of the New Jersey legislature passed the Truck Operator Independent Contractor Act.  The bill (A1578), if enacted, would have created a presumption that parcel delivery and drayage truck drivers in New Jersey are employees and not independent contractors unless they can satisfy…

August 2013

In the Courts

  • Car service drivers file proposed nationwide class action lawsuit against Uber Technologies, Inc., a car service company, in a California federal district court seeking a minimum of $5 million in damages.  The complaint alleges that Uber Technologies  misclassified the drivers as independent contractors, breached the

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The Treasury Inspector General for Tax Administration (TIGTA) conducted an audit to evaluate whether the IRS’s SS-8 program is effectively processing worker determination requests and whether the rulings are being followed.  TIGTA released its Report last month, but little has been written on it.

Background of Form SS-8 Process

By…

On July 3, FedEx Ground drivers won summary judgment in their misclassification lawsuit brought against the global courier company under the Massachusetts Independent Contractor Act.  No. 11-11094 (D. Mass. 7/3/13).  Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts rejected all of FedEx Ground’s defenses,…

On May 30, reporter Carlyn Kolker of ThomsonReuters interviewed the publisher of this legal blog, Richard Reibstein, about blogging on the topic of independent contractor (IC) compliance and misclassification, and the cutting-edge issue of complying with different state and federal laws governing ICs.

The full Q&A published by ThomsonReuters is…